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CITY OF SHERRILL v. ONEIDA INDIAN NATION OF N.Y.

No. 03-855.

544 U.S. 197 (2005)

125 S.Ct. 1478

161 L.Ed.2d 386

CITY OF SHERRILL, NEW YORK v.

Supreme Court of United States.

Decided March 29, 2005.

Attorney(s) appearing for the Case

Ira S. Sacks argued the cause for petitioner. With him on the briefs was Esther S. Trakinski.

Caitlin J. Halligan, Solicitor General of New York, argued the cause for the State of New York as amicus curiae urging reversal. With her on the brief were Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, Peter H. Schiff, Andrew D. Bing, Assistant Solicitor General, and Dwight A. Healy.

Michael R. Smith argued the cause for respondents. With him on the brief were William W. Taylor III, David A. Reiser, Thomas B. Mason, Richard G. Taranto, and Peter D. Carmen.

Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Sansonetti, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Clark, William Lazarus, David C. Shilton, and Ethan G. Shenkman.*

JUSTICE GINSBURG delivered the opinion of the Court.

This case concerns properties in the city of Sherrill, New York, purchased by the Oneida Indian Nation of New York (OIN or Tribe) in 1997 and 1998. The separate parcels of land in question, once contained within the Oneidas' 300,000-acre reservation, were last possessed by the Oneidas as a tribal entity in 1805. For two centuries, governance of the area in which the properties...

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